Case Summary
The plaintiff Saranya Rajesh, daughter of Mr. Mani, filed a suit against Yesodha Mani and Saran Mani regarding the partition of the property left by her deceased father. The plaintiff claims a share in the property due to her status as a legal heir, while the defendants contest this claim based on a will executed by the deceased.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to get 2/4th share in the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court held that the execution of the will by the deceased was not proven. The property is deemed partible among the heirs. The plaintiff was granted a share in the property while the defendants were denied their claim of absolute ownership based on the will.
Why Plaintiff Won:
The defendants could not prove the execution of the will to the satisfaction of the court.
The defendants could not prove the execution of the will to the satisfaction of the court.
Losing Side's Weaknesses:
The defendants could not prove the execution of the will to the satisfaction of the court.
The defendants could not prove the execution of the will to the satisfaction of the court.
Supporting Evidence
The evidence of the attestors to Ext B1 Will is not trustworthy. Therefore, the 2nd defendant cannot claim absolute ownership.
Judgment Evidence:
In the result, a preliminary decree is hereby passed. The plaint schedule property must be divided into 4 equal shares by metes and bounds. The plaintiff is entitled to get 2/4th share in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saranya Rajesh
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Yesodha Mani @ Manju
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saran Mani
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No.3361/1997, Original of Gift Deed No.3488/2015, Death certificate of V.N.Mani issued by Poothrikka Grama Panchayath, Cash receipt from MOSC Medical College Hospital, Kolenchery.
Defendants Documents
Original of the Will of the Sri.V.N.Mani, Election ID of Sri.V.N.Mani, Aadhar Card of Sri.V.N.Mani, Treatment certificate of Sri.V.N.Mani issued by MOSC Medical College Hospital.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Paul K Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree is hereby passed for the partition of the property
Evidence:
As the defendants could not prove the execution of the will to the satisfaction of this court... the plaint schedule property is found partible.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Relief for permanent prohibitory injunction against the defendants
Evidence:
The plaintiff has not adduced any evidence to prove the same and hence there is nothing before this court to grant the relief of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No.3361/1997 of SRO Puthencruz
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Original of Gift Deed No.3488/2015 of SRO Puthencruz
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Sri.V.N.Mani issued by Poothrikka Grama Panchayath
Reference:
Ext.A3
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued by MOSC Medical College Hospital, Kolenchery
Reference:
Ext.A4
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued by MOSC Medical College Hospital, Kolenchery
Reference:
Ext.A5
Document Type:
Discharge Summary
Submitted By:
Plaintiff
Relevance:
Discharge Summary of Sri.Mani issued by MOSC Medical College Hospital, Kolenchery
Reference:
Ext.A6
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original ration card of Sri.V.N.Mani
Reference:
Ext.A7
Document Type:
Will
Submitted By:
Defendant
Relevance:
The original of the Will of the Sri.V.N.Mani
Reference:
Ext.B1
Document Type:
Election ID
Submitted By:
Defendant
Relevance:
Election ID of Sri.V.N.Mani
Reference:
Ext.B2
Document Type:
Adhaar Card
Submitted By:
Defendant
Relevance:
Adhaar Card of Sri.V.N.Mani
Reference:
Ext.B3
Document Type:
Treatment Certificate
Submitted By:
Defendant
Relevance:
Treatment certificate of Sri.V.N.Mani issued by MOSC Medical College Hospital, Kolenchery
Reference:
Ext.B4
Document Type:
Marriage Invitation
Submitted By:
Defendant
Relevance:
Marriage invitation card of plaintiff
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by advocate commissioner Smt.M.S.Sunitha Devi
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed by advocate commissioner Smt.M.S.Sunitha Devi
Reference:
Ext.C1(a)
Document Type:
Forensic Science Report
Submitted By:
Unknown
Relevance:
Forensic Science Laboratory Examination Report
Reference:
Ext.X1
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
PW1 to PW5 were examined
Reference:
Document Type:
Oral Evidence
Submitted By:
Defendant
Relevance:
DW1 to DW3 were examined
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Partition
Case Code
Case between Saranya Rajesh vs Yesodha Mani @ Manju et al regarding partition and permanent prohibitory injunction
Case Code Year
Case between Saranya Rajesh vs Yesodha Mani @ Manju et al regarding partition and permanent prohibitory injunction